Prospective
(1)If an advertisement is displayed in breach of control of advertisements regulations, a person to whom this section applies is guilty of an offence.
(2)This section applies to a person if—
(a)the person carries out or maintains the display of the advertisement,
(b)the person is an owner or occupier of the land on or from which the advertisement is displayed, or
(c)the advertisement gives publicity to the person’s goods, services or other concerns.
(3)A person convicted of an offence under subsection (1) is guilty of a further offence if—
(a)this section continues to apply to the person, and
(b)the advertisement continues to be displayed in breach of control of advertisements regulations.
(4)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding the amount specified in regulations.
(5)The amount specified in regulations must not be greater than—
(a)in relation to an offence under subsection (1), level 4 on the standard scale;
(b)in relation to an offence under subsection (3), one tenth of level 4 on the standard scale for each day on which the offence continues.
(6)Subsection (7) applies to a person who—
(a)falls within subsection (2)(b) or (c), and
(b)does not fall within subsection (2)(a).
(7)In proceedings for an offence under this section, it is a defence for the person to prove that—
(a)the advertisement was displayed without the person’s knowledge, or
(b)the person took all reasonable steps to prevent its display or to secure its removal.
(8)See also sections 43 and 47 of the Anti-social Behaviour Act 2003 (c. 38), which make provision about the giving of fixed penalty notices in relation to offences under this section.
Commencement Information
I1S. 230 not in force at Royal Assent, see s. 409(2)